Decided
Florida v. Department of Health and Human Services
Linked with U.S. Department of Health and Human Services v. Florida (11-398), National Federation of Independent Business v. Sebelius (11-393)
Holding
The Anti-Injunction Act does not bar a challenge to the constitutionality of the Affordable Care Act"s "individual mandate" provision, which requires virtually all Americans to obtain health insurance or pay a penalty, even though the mandate has not yet gone into effect. Although the mandate is not authorized under the Commerce Clause, it is nonetheless a valid exercise of Congress"s power under the Taxing Clause. Finally, the Medicaid expansion provision of the ACA violates the Constitution by threatening states with the loss of their existing Medicaid funding if they decline to comply with the expansion.
Judgment
Affirmed in part and reversed in part, 5-4, in an opinion by John Roberts on Jun 28, 2012. The Anti-Injunction Act does not bar the challenge to the constitutionality of the mandate, and five Justices (the Chief Justice, joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan) agree that the individual mandate is constitutional. Seven Justices (the Chief Justice and Justices Breyer and Kagan, along with Justices Scalia, Kennedy, Thomas, and Alito) agree that the Medicaid expansion violates the Constitution. Justice Ginsburg filed an opinion concurring in part, concurring in the judgment in part and dissenting in part, in which Justice Sotomayor joined, and which Justice Breyer and Kagan joined except as to Medicaid expansion. Justices Scalia, Kennedy, Thomas and Alito filed a dissenting opinion. Justice Thomas filed a dissenting opinion.
- SCOTUSblog Health Care resource page
- Constitutionality of the Affordable Care Act symposium page
- Lyle Denniston’s Media Guide
From the Oral Argument
- SCOTUSblog’s highlights from the argument audio are here.
Merits Briefs for the Florida and the Private Petitioners Regarding Severability
- Brief for Private Petitioners
- Brief for the State Petitioners”
- Reply Brief for Private Petitioners
- Reply Brief” for the State Petitioners
Amicus Briefs in Support of Florida and the Private Petitioners Regarding” Severability
- Brief for the American Civil Rights Union
- Brief for the Chamber of Commerce of the United States of America
- Brief for the American Center for Law and Justice et al.
- Brief for the Competitive Enterprise Institute et al.”
- Brief for Economists
- Brief for the Family Research Council”
- Brief for the Justice and Freedom Fund
- Brief for Members of the United States Senate
- Brief for the National Restaurant Association”
- Brief for the Western Center for Journalism”
- Brief for America’s Health Insurance Plans and Blue Cross Blue Shield Association
- Brief for Texas Public Policy Foundation and Cato Institute
Merits Briefs for the Department of Health and Human Services Regarding Severability
- Brief for the Department of Health and Human Services et al.
- Reply Brief for the Department of Health and Human Services et al.
Amicus Briefs in Support of the Department of Health and Human Services” Regarding Severability
- Brief for the National Indian Health Board, et al.
- Brief for the Michigan Legal Services, Inc., and Other Michigan Non-Profit Corporations
- Brief for California et al.
- Brief for the Missouri Attorney General
- Brief for the American Public Health Association et al.
- Brief for the American Medical Student Association et al.
- Brief for AARP et al.
Amicus Briefs in Support of Neither Party
Merits Briefs for the Court-Appointed Amicus
Amicus Briefs in Support of the Court-Appointed Amicus
- Brief for Asian & Pacific Islander American Health Forum, et al.
- Brief for David R. Riemer and Community Advocates
- Brief for the Washington and Lee University School of Law Black Lung Clinic
- Brief for the Michigan Legal Services, Inc., and Other Michigan Non-Profit Corporations”
Merits Briefs for the State Petitioners Regarding Medicaid
Amicus Briefs Supporting the State Petitioners Regarding Medicaid
- Brief for Center for Constitutional Jurisprudence et al.
- Brief for Association of American Physicians et al.
- Brief for Catholic Sisters in Support of Respondents Regarding the Medicaid Issue
- Brief for the Independence Institute”
- Brief for Indiana State Legislators et al.
- Brief for James F. Blumstein
- Brief for Texas Public Policy Foundation and 36 Texas State Legislators
- Brief for Economists
- Brief for Association of American Physicians and Surgeons and Individual Physicians
Merits Briefs for the Respondents Regarding Medicaid
Amicus Briefs in Support of the Department of Health and Human Services on Medicaid
- Brief for the National Minority AIDS Council
- Brief for the American Hospital Association et al.”
- Brief for David R. Riemer and Community Advocates
- Brief for David Satcher, M.D., Ph.D., et al.
- Brief for Health Law & Policy Scholars and Prescription Policy Choices
- Brief for National Health Law Program et al.
- Brief for Service Employees International Union and Change to Win
Brief for Senate Majority Leader Harry Reid et al. - Brief for State Legislators from the Fifty States, the District of Columbia, and Puerto Rico
- Brief for Oregon et al.
- Brief for Faithful Reform in Health Care and the WISC Health Care Working Group”
- Brief for the Disability Rights Legal Center
[##CERT-STAGE##]
Related Coverage
Sep 27, 2011Petition for a writ of certiorari filed. (Response due October 31, 2011)
Sep 27, 2011Appendix of Florida, et al. filed.
Oct 7, 2011Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the Private Respondents. VIDED.
Oct 11, 2011Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents, the Solicitor General. VIDED.
Oct 11, 2011Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for State Petitioners, Florida, et al. VIDED.
Oct 14, 2011Waiver of right of respondents National Federation of Independent Business, et al. to respond filed.
Oct 17, 2011Brief of respondents Department of Health and Human Services, et al. filed. VIDED.
Oct 24, 2011Reply of petitioner Florida, et al. filed.
Oct 25, 2011Brief amicus curiae of America's Health Insurance Plans filed. VIDED.
Oct 25, 2011Brief amicus curiae of Chamber of Commerce of the United States of America filed. VIDED.
Oct 25, 2011Brief amici curiae of Association of American Physicians and Surgeons, et al. filed.
Oct 26, 2011DISTRIBUTED for Conference of November 10, 2011.
Oct 26, 2011Brief amici curiae of American Center for Law and Justice, et al. filed. (Distributed)
Oct 27, 2011Brief amici curiae of Family Research Council, et al. filed. VIDED. (Distributed)
Oct 31, 2011Brief amici curiae of Center for Constitutional Jurisprudence, et al. filed. (Distributed)
Oct 31, 2011Brief amicus curiae of Lawrence J. Dickson, Ph.D. filed. (Distributed)
Nov 14, 2011Petition GRANTED limited to the issue of severability presented by Question 3 of the petition. The petition for a writ of certiorari in No. 11-393 is granted. The cases are consolidated and a total of 90 minutes is allotted for oral argument.
Nov 14, 2011Petition GRANTED limited to Question 1 presented by the petition.
Nov 15, 2011Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents, the Solicitor General. VIDED
Nov 16, 2011Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the National Federation of Independent Business, et al. VIDED
Nov 18, 2011H. Bartow Farr, III, Esquire, of Washington, D.C., is invited to brief and argue these cases, as amicus curiae, in support of the judgment of the Court of Appeals that the minimum coverage provision of the Patient Protection and Affordable Care Act, 26 U.S.C. §5000A, is severable from the entirety of the remainder of the Act. VIDED
Nov 22, 2011Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for Florida, et al. VIDED
Dec 3, 2011Motion for leave to intervene filed by Freedom Watch. VIDED.
Dec 5, 2011Briefing proposal of the parties and Court-appointed amici curiae filed. VIDED
Dec 6, 2011Motion DISTRIBUTED for Conference of December 9, 2011.
Dec 7, 2011Letter from counsel for National Federation of Independent Business, et al. regarding Mary Brown received. (Distributed). VIDED
Dec 8, 2011Upon consideration of the letter of December 5, 2011, from the Solicitor General on behalf of the parties and the amici curiae invited to brief and argue these cases, the following briefing schedule is adopted.
On the Minimum Coverage Provision issue (No. 11-398), the brief of the Solicitor General, not to exceed 16,500 words, is to be filed on or before Friday, January 6, 2012. The briefs of respondents, not to exceed 16,500 words, are to be filed on or before Monday, February 6, 2012. The reply brief, not to exceed 6,600 words, is to be filed on or before Wednesday, March 7, 2012.
On the Anti-Injunction Act issue (No. 11-398), the brief of the Court-appointed amicus curiae is to be filed on or before Friday, January 6, 2012. The briefs of the Solicitor General and respondents are to be filed on or before Monday, February 6, 2012. Reply briefs of the Solicitor General and respondents are to be filed on or before Monday, February 27, 2012. The reply brief of the Court-appointed amicus curiae is to be filed on or before Monday, March 12, 2012. VIDED
Dec 8, 2011On the Severability issue (Nos. 11-393 and 11-400), the briefs of petitioners are to be filed on or before Friday, January 6, 2012. The brief of the Solicitor General is to be filed on or before Friday, January 27, 2012. The brief of the Court-appointed amicus curiae is to be filed on or before Friday, February 17, 2012. Reply briefs of the Solicitor General and petitioners are to be filed on or before Tuesday, March 13, 2012.
On the Medicaid issue (No. 11-400), the brief of petitioners is to be filed on or before Tuesday, January 10, 2012. The brief of the Solicitor General is to be filed on or before Friday, February 10, 2012. The reply brief is to be filed on or before Monday, March 12, 2012.
Other amici curiae shall file separate briefs on each issue they intend to address. The briefs shall be filed within the time allowed under Rule 37.3(a) of the Rules of this Court, except that amici curiae briefs addressing the Severability issue shall be filed on or before the due date for the brief of the party or Court-appointed amicus curiae whose position the brief is supporting. The parties and amici curiae shall identify on the cover of each brief the issue that is addressed in the brief. Amici curiae shall also identify on the cover of the brief the party or parties supported or whether the brief suggests affirmance or reversal, as required by Rule 37.3(a) of the Rules of this Court. VIDED
Dec 12, 2011Motion for leave to intervene filed by Freedom Watch DENIED.
Dec 19, 2011SET FOR ARGUMENT ON Wednesday, March 28, 2012 (Severability). VIDED
Dec 19, 2011SET FOR ARGUMENT ON Wednesday, March 28, 2012 (Medicaid).
Jan 4, 2012Motion to add parties Dana Grimes and David Klemencic as additional petitioners in No. 11-393 and additional respondents in Nos. 11-398 and 11-400 filed by respondents National Federation of Independent Business, et al. VIDED.
Jan 4, 2012Brief amicus curiae of American Civil Rights Union (Severability Issue) filed. VIDED.
Jan 5, 2012Brief amicus curiae of Freedom Watch filed. VIDED.
Jan 5, 2012Motion of Freedom Watch for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Jan 6, 2012Joint appendix (Minimum Coverage Provision, Anti-Injunction Act, and Severability) filed. VIDED. (Statement of costs filed)
Jan 6, 2012Brief of petitioners in No. 11-393, National Federation of Independent Business, et al. (Severability) filed. VIDED. (Distributed)
Jan 6, 2012Brief amici curiae of American Hospital Association, et al. (Severability) filed. VIDED. (Distributed)
Jan 6, 2012Brief amicus curiae of Chamber of Commerce of the United States of America (Severability) filed. VIDED. (Distributed)
Jan 6, 2012Brief of petitioners Florida, et al. (Severability) filed. VIDED. (Distributed)
Jan 6, 2012Brief amici curiae of America's Health Insurance Plans and The Blue Cross Blue Shield Association (Severability) filed. VIDED. (Distributed)
Jan 6, 2012Brief amici curiae of American Center for Law and Justice, et al. (Severability) filed. VIDED. (Distributed)
Jan 6, 2012Brief amicus curiae of National Restaurant Association (Severability) filed. VIDED. (Distributed)
Jan 6, 2012Brief amici curiae of Family Research Council, et al. (Severability) filed. VIDED. (Distributed)
Jan 6, 2012Brief amicus curiae of Justice and Freedom Fund (Severability) filed. VIDED. (Distributed)
Jan 6, 2012Brief amicus curiae of United States Senate (Severability) filed. VIDED. (Distributed)
Jan 6, 2012Brief amici curiae of Association of American Physicians and Surgeons, et al. (Severability) filed. VIDED. (Distributed)
Jan 6, 2012Brief amici curiae of Economists (Severability) filed. VIDED. (Distributed)
Jan 6, 2012Brief amici curiae of Competitive Enterprise Institute, et al. (Severability) filed. VIDED. (Distributed)
Jan 6, 2012Brief amici curiae of Texas Public Policy Foundation and Cato Institute (Severability) filed. VIDED. (Distributed)
Jan 9, 2012Motion DISTRIBUTED for Conference of January 13, 2012.
Jan 9, 2012Record received from U.S.C.A. for 11th Circuit. (1 box)
Jan 10, 2012Brief of petitioners Florida, et al. (Medicaid) filed. (Distributed)
Jan 10, 2012Joint appendix (Medicaid) filed.
Jan 11, 2012CIRCULATED
Jan 12, 2012Record received from U.S.D.C. for Northern District of Florida. (1 box) The remainder of the record is electronic.
Jan 17, 2012Motion to add parties Dana Grimes and David Klemencic as additional petitioners in No. 11-393 and additional respondents in Nos. 11-398 and 11-400 filed by respondents National Federation of Independent Business, et al. GRANTED.
Jan 17, 2012Brief amici curiae of Center for Constitutional Jurisprudence, et al. (Medicaid) filed. (Distributed)
Jan 17, 2012Brief amici curiae of Indiana Legislators, et al. (Medicaid) filed. (Distributed)
Jan 17, 2012Brief amici curiae of American Civil Rights Union, et al. (Medicaid) filed. (Distributed)
Jan 17, 2012Brief amicus curiae of James F. Blumstein (Medicaid) filed. (Distributed)
Jan 17, 2012Brief amici curiae of Economists (Medicaid) filed. (Distributed)
Jan 17, 2012Brief amicus curiae of Independence Institute (Medicaid) filed. (Distributed)
Jan 17, 2012Brief amici curiae of Association of American Physicians and Surgeons, et al. (Medicaid) filed. (Distributed)
Jan 17, 2012Brief amici curiae of Texas Public Policy Foundation and 36 Texas State Legislators (Medicaid) filed. (Distributed)
Jan 23, 2012Motion of Freedom Watch for leave to participate in oral argument as amicus curiae and for divided argument DENIED. Justice Kagan took no part in the consideration or decision of this motion.
Jan 27, 2012Brief of respondents Department of Health and Human Services, et al. (Severability) filed. VIDED. (Distributed)
Jan 27, 2012Brief amici curiae of California, et al. (Severability) filed. VIDED. (Distributed)
Jan 27, 2012Brief amici curiae of American Public Health Association, et al. (Severability) filed. VIDED. (Distributed)
Jan 27, 2012Brief amici curiae of AARP, et al. (Severability) filed. VIDED. (Distributed)
Jan 27, 2012Brief amicus curiae of American Academy of Actuaries (Severability) filed. VIDED. (Distributed)
Jan 27, 2012Brief amici curiae of Michigan Legal Services, Inc., et al. (Severability) filed. VIDED. (Distributed)
Jan 27, 2012Brief amici curiae of National Indian Health Board, et al. (Severability ) filed. VIDED. (Distributed)
Jan 27, 2012Brief amici curiae of American Medical Student Association, et al. (Severability) filed. VIDED. (Distributed)
Jan 27, 2012Brief amicus curiae of American Benefits Council (Severability) filed. VIDED. (Distributed)
Jan 30, 2012Motion for reconsideration for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED. filed by Freedom Watch. VIDED.
Feb 3, 2012Motion for divided argument and enlargement of time for oral argument on the Anti-Injunction Act issue filed by respondents Kathleen Sebelius, Secretary of Health and Human Services, et al., joined by both Court-appointed counsel. VIDED.
Feb 3, 2012Motion for divided argument and enlargement of time for oral argument on the Anti-Injunction Act issue filed by Florida, et al. and National Federation of Independent Business, et al. VIDED.
Feb 6, 2012Brief amicus curiae of Missouri (Severability) filed. VIDED. (Distributed)
Feb 10, 2012Brief of respondent Department of Health and Human Services, et al. (Medicaid) filed. (Distributed)
Feb 15, 2012Brief amici curiae of David R. Riemer and Community Advocates (Medicaid) filed. (Distributed)
Feb 15, 2012Brief amici curiae of David R. Riemer and Community Advocates (Severability) filed. VIDED. (Distributed)
Feb 15, 2012Brief amici curiae of National Health Law Program, et al. (Medicaid) filed. (Distributed)
Feb 15, 2012Brief amicus curiae of The Washington and Lee University School of Law Black Lung Clinic (Severability) filed. VIDED. (Distributed)
Feb 17, 2012Brief amici curiae of Asian & Pacific Islander American Health Forum, et al. (Severability) filed. VIDED. (Distributed)
Feb 17, 2012Brief amici curiae of State Legislators from the Fifty States, et al. (Medicaid) filed. (Distributed)
Feb 17, 2012Brief amici curiae of National Minority Aids Council, et al. (Medicaid) filed. (Distributed)
Feb 17, 2012Brief amici curiae of Senate Majority Leader Harry Reid, et al. (Medicaid) filed. (Distributed)
Feb 17, 2012Brief amici curiae of Service Employees International Union, et al. (Medicaid) filed. (Distributed)
Feb 17, 2012Brief amici curiae of Catholic Sisters (Medicaid) filed. (Distributed)
Feb 17, 2012Brief amici curiae of Health Law & Policy Scholars and Prescription Policy Choices (Medicaid) filed. (Distributed)
Feb 17, 2012Brief amici curiae of David Satcher, M.D., Ph.D., et al. (Medicaid) filed. (Distributed)
Feb 17, 2012Brief amici curiae of Oregon, et al. (Medicaid) filed. (Distributed)
Feb 17, 2012Brief amici curiae of American Hospital Association, et al. (Medicaid) filed. (Distributed)
Feb 17, 2012Brief amici curiae of Joella Swan, et al. (Severability) filed. VIDED. (Distributed)
Feb 17, 2012Brief amicus curiae of Court-appointed amicus curiae (Severability) filed. VIDED. (Distributed)
Feb 17, 2012Brief amicus curiae of Disability Rights Legal Center (Medicaid) filed. (Distributed)
Feb 17, 2012Brief amici curiae of Michigan Legal Services, Inc., et al. (Medicaid) filed. (Distributed)
Feb 17, 2012Brief amici curiae of Faithful Reform in Health Care, et al. (Medicaid) filed. (Distributed)
Feb 17, 2012Brief amici curiae of Leadership Council on Civil and Human Rights, et al. (Medicaid) filed. (Distributed)
Feb 21, 2012Upon consideration of the motions pertaining to the allocation of oral argument time, the following allocation of oral argument time is adopted. On the Anti-Injunction Act issue (No. 11-398), the Court-appointed amicus curiae is allotted 40 minutes, the Solicitor General is allotted 30 minutes, and the respondents are allotted 20 minutes.
On the Minimum Coverage Provision issue (No. 11-398), the Solicitor General is allotted 60 minutes, respondents Florida, et al. are allotted 30 minutes, and respondents National
Federation of Independent Business, et al. are allotted 30 minutes. On the Severability issue (Nos. 11-393 and 11-400), the petitioners are allotted 30 minutes, the Solicitor General is allotted 30 minutes, and the Court-appointed amicus curiae is allotted 30 minutes.On the Medicaid issue (No. 11-400), the petitioners are allotted 30 minutes, and the Solicitor General is allotted 30 minutes.
Feb 27, 2012Motion for reconsideration of order denying leave to participate in oral argument as amicus curiae and for divided argument filed by Freedom Watch DENIED. Justice Kagan took no part in the consideration or decision of this motion. VIDED.
Mar 12, 2012Reply of petitioners Florida, et al.(Medicaid) filed. (Distributed)
Mar 13, 2012Reply of respondents Department of Health and Human Services, et al. (Severability) filed. VIDED. (Distributed)
Mar 13, 2012Reply of petitioners in No. 11-393, National Federation of Independent Business, et al. filed. (Severability) VIDED. (Distributed)
Mar 13, 2012Reply of petitioners Florida, et al. (Severability) filed. VIDED. (Distributed)
Mar 14, 2012Letter from the Solicitor General proposing to lodge 10 copies of the Government Printing Offices Compilation of the Patient Protection and Affordable Care Act. (Distributed)
Mar 15, 2012Proposal from Court-appointed amicus counsel to lodge copies of a report by the Rand Foundation, "The Effect of the Affordable Care Act on Enrollment and Premiums, With and Without the Individual Mandate." VIDED.
Mar 17, 2012Motion for leave to intervene, in support of Court-appointed amicus on the issue of severability, filed by David Boyle. VIDED.
Mar 28, 2012Motion DISTRIBUTED for Conference of April 13, 2012.
Mar 28, 2012Argued. (Severability) For petitioners: Paul D. Clement, Washington, D. C. For respondents: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae: H. Bartow Farr, III, Washington, D. C.
Mar 28, 2012Argued. (Medicaid Expansion) For petitioners: Paul D. Clement, Washington, D. C. For respondents: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C.
Mar 29, 2012Letter and attachment from counsel for the petitioners Florida, et al. filed. (Distributed)
Apr 16, 2012Motion for leave to intervene filed by David Boyle DENIED. VIDED.
Apr 25, 2012Letter received from National Federation of Independent Business (Distributed)
May 7, 2012Motion for reconsideration of motion for leave to intervene, in support of Court-appointed amicus on the issue of severability filed by David Boyle. VIDED.
May 22, 2012Motion DISTRIBUTED for Conference of June 7, 2012.
Jun 11, 2012Motion of David Boyle for reconsideration of motion for leave to intervene DENIED. VIDED
Jun 28, 2012Adjudged to be AFFIRMED IN PART, REVERSED IN PART. Roberts, C. J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III-C., in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined; an opinion with respect to Part IV, in which Breyer and Kagan, JJ., joined; and an opinion with respect to Parts III-A, III-B, and III-D. Ginsburg, J., filed an opinion concurring in part, concurring in the judgment in part, and dissenting in part, in which Sotomayor, J., joined, and in which Breyer and Kagan, JJ., joined as to Parts I, II, III, and IV. Scalia, Kennedy, Thomas, and Alito, JJ., filed a dissenting opinion. Thomas, J, filed a dissenting opinion.
Jul 30, 2012JUDGMENT ISSUED.
Recommended Citation: Florida v. Department of Health and Human Services, SCOTUSblog, https://www.scotusblog.com/cases/florida-v-department-of-health-and-human-services/